Historical Newspapers of South Carolina

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PAGE SIX DENATURED ALCOHOL $1.00 per gallon SADLER-OWENS PHARMACY Telephone 400 Telephone 400 ; v • ’ • Foxy Grandpa story-scenario Feb. 7. MR. A. M. GOLDEN Is our regular PIANO TUNER Call on us for his services THE CLINTON CHRONICLE, CLINTON, SOUTH CAROLINA O’DANIEL & REID WE CLEAN YOUR CLOTHES We repair them. We press them. BUCHANAN’S PRESSING CLUB Phone 28 fyxy Grandpa story is a Clinton story and interesting, read it in The Chronicle F«b. 7th. Piano $275.00 Player $420.00 b’Daniel & Reid Rheumatism in wrists Wilmington, DeL—In a slxty-tws page decision which swept away ery-one ot -the Government’s major contentions aa being without basis In fact or law, Federal Judge Hugh M. Morris dismissed Its suit to set aside the sale of seized chemical and dye patents by the Alien Property Custo dian to the Chemical Foundation, Inc. The decision rebuked the Govern- , «umt for -teeluding l* the vmt America woaM be- , plaint a aeries-of conspiracy chargeson di3aAtroual^.un^Qual_texxrL8 • anSbpponcIf by "e videnceat*the trial' uf1,es * shp mike ase of th « and refuted by the defense as well as Successor to D. O. Rhame DR. E. MOOD SMITH, Prop. Pharmacist and Optometrist PHONE 101 obstinate as it is, does yield to Sloan’s. Apply g<*ntly without rub- ling. You feel the effect at once in a comforting glow spreading through the aching joints and muscles. The pain eases off—is gone! Get a bottle from you- druggist today—35 cents. Sloan's Liniment—**'#< pain! . LET US GET BUSY V * on your car and put it in first class running order. You may think your car is running all right, but it may be wearing down the gears, bearings, and other hidden parts unknown to you. A careful examination will disclose the trouble. Edwards Auto Service Where else than in the Hup- mobile will you $nd so much* inbrilliant performance, con sistent service and low costs. ELLIS MOTOR CO. ■» Hupp Cars and Hood Tires What Maud Purina Represents M AUD PURINA is the most famous mule character in the country. Most everybody knows Maud. Maud is an amusing mule. But her quain intent in life is to rep resent Purina O-Molene, the balanced feed for mules and horses.- Maud has shown thousands of horse and mule owners why dry, tasteless oats, corn and hay do not produce the most energy and longest service from work animals. It is not the quantity you feed but the kind. ' Corn and oats lack variety and make it necessary to send mules and horses to pasture, if they are expected to last long. Purina O-Molene supplies the necessary variety to keep the- animals in good health and make them stronger. The choice grains are put through a special process that makes them more ap petizing. This process also makes O-Molene more completely digestible. This, of course, produces more results. And you use much less O-Molene than ordinary grains or “mixed Try a few bags and watch the excellent Said By _ . EDGAR TODD COURT UPHOLDS PATENT SALE U. S. Suit Against Chemical Foundation Dismissed by Judge Morris. CONSPIRACY CHARGE FAILS Conduct of Chomloal Foundation Praised in Usa of Former German Patenta for Benefit of Amori- can People. by documents filed by the Govern ment. In declining to compel the Founda tion to restore the disputed patents, numbering some 4,700 and bought for $271,000, from the Government, Judge Morris held there was no evidence bearing out allegation of a conspiracy by American manufacturers to effect a monopoly through the Foundation. The court ruled that there was no evidence of fraud or deceit practiced on President Wilson, Mr. Polk, Under Secretary of State; Attorney General Palmer and other high officials of that Administration. Garvan’s Course Upheld The opinion praised Francis P. Gar- van, president of the Foundation, and its trustees, as having met the most severe of tests in their conduct of the Foundation—"the test of actual trial.” They were declared by the court to afford, through their high Integrity and unquestioned patriotism, a thor ough assurance of loyalty to their trust “It has kept the faith,” said the court of the Foundation's work. Judge Morris found .without merit the Goverument's contention that the criminal laws were violated in that Mr. Garvan, as Alien Property Custo dian and thereby a public trustee, sold to himself as president of the Foundation the patents in question. He had acted by direction of Presi dent Wilson and his acts, supervised by the President under the latter’s wide war powers granted by Con gress, could not be brought to court. Congress had not delegated legisla tive powers to President Wilson, as maintained by the plaintiff, and the courts could not pass Judgment on the wisdom or lack of wisdom of Presidential war acts. Morris recited that although Colonel Thomas R. Miller, present Custodian, who had approved two of the sales Involved, verified tne com plaint, in his testimony he admitted that he could not enumerate any of the facts alleged to have been with held and suppressed from him. “In view of this testimony and the obvious fact that the poorer to charge persons with fraud and conspiracy Is a weapon with which serious irreme- dlal injury may be done to innocent persons if such charges are lightly made, It is difficult to understand why the specific chalges to which the foregoing testimony relates were made,” wrote the conrt. “Yet the re maining like charges were equally lacking in evidential support. In fact, at the argument, the plaintiff seemed no longer^ to press these charges against the persons alleged to be con spirators, but it sought to have the charges sustained aa against the of ficers of the .Government who formu lated and carried out in the public in terest the plan of sale. . . . While I know of no case where by Implica tion of law tbe duty of clearing itself from Imputed fraud rests upon tbe defendant, yet the defendant has met even this burden.” Holds Wilson Had Full Power While tbe Trading With the Enemy ▲ot at first merely authorized cus todianship of German properties In this country, it was later amended, receiled the Court to give power of sale under such conditions as the President In the public Interest, should determine upon. In effect, this made the President, as agent, of the nation, possessed of powers as broad ee though he were absolute owner ef the seised properties. Under the pro visions of the act the President was empowered to make any conditions of sale he considered necessary in the circumstances. The sales In dispute were not made by the Custodian in his capacity as a common-law trustee, but under the extraordinary powers devolving upon him as the President’s representative, under the additional sections of the act "Because a trustee with only the usual powers may not ordinarily sell trust property at private sale for lees than Its fair monetary value, h by no means follows that the Custodian, acting under supervision and di- reotion of the President may not do so," held the Court “Obviously, the primary purpose of the act was the protection of the natkm, not the bene* lilt of the enemy. The trust was for | the benefit of the nation—~e public, | not e private trust. The statute r» \ dread weapons being used against her by the foe. When Germany persisted in her attempts to destroy her oppo nents with poison gas in contraven tion of all international agreements, she made It manifest that America’s future safety lay in Americe-s chemi cal independence. The amendment to tbe act was passed in the darkest days of the war (allowing the sale of seized properties). It was thought Paris was about tp fall and the Chan nel ports be taken.” These were the circumstances, said the opinion, "which impelled Congress to grant ths President the broad powers of almost absolute ownership. It was the Intent •f Congress tc iubdrdlnate mere prop erty rights to the welfare of the na- tkra.” Of the value of the patents sold. Judge Morris held, in accordance with the testimony, that while Dr. Carl Holderman, a German, asserted the Haber patents were worth $17,004,000 to the Germans, “the evidence is over whelming that they were and are without substantial afflrpiatlve value to American citizens. Had these pat ents been sold to Americans at public rather than private sale and only the net proceeds paid to their former enemy owners these owners would have-suffered an almost total loss In the value of their property.” Praises Work of Foundation ... Aa to allegations that the sale was not to obtain a fair value, bui to pro mote tbe interests of the chemical and dye industries and that ths transac tion was In legal effect gi anting a subsidy to private industry, the Court commented, “this challenge to ths motives of ths officers making the sale Is supported. I thiua, neither by the facts nor the .aw. Mr. Polk de termined the public interest would be best served by a elds uSe ot the in vention* covered oy the patents. If the property wat sold under terms and condition^ tlu.t assured its being devoted to the public use It matters not what benefit* or detriments may have flowed us incidents thefefrom. “The property is in the keeping of me.n who have in its management no selfish internet to serve and whose de-' votion to the public interest has been established.” continued the opinion. “No better plan for devoting the property L* public use has been sug gested. The plan has stood the most severe of all tests--actual trial. The defendant has kepi the faith. This ft hag done, not only by granting li censes in furtherance of the purposes for which it was charatered. but also at its great expense, by distribution of books and pamphlets showing the national necessity for practical devel opment of chemical science In Ameri ca. If, perchance, those heretofore engaged in the Industries have de rived an Incidental advantage from the plan, that incidental result cannot invalidate a transaction lawfully con- sun^pated In the public interest. The same charge would lie against tbe validity of every tariff act. • • • The sale was In effect to America and Its citizens, not to those then engaged in chemical and allied industries.” Judge Morris ruled that if the ex ecutives entrusted by Congress with power of sale acted within ths scope of that power “their acts are not sub ject to Judicial nullification or review. Invasion by the courts to determine whether ths public interest required the property be sold otherwise than under ths statutory conditions pre scribed and to set aside the sale should the Judgment of the court be different from that of the President would be a Judicial nullification not only of the President’s act but also of the act of Congress conferring on ths President the power to determine what the public interests required. What ths public interest requires de pends upou the conditions existing In the nation. Courts do not understand the ‘state of the Union’ and as. 1 ap prehend. are not equipped to ascertain It • • • The statement of the rea sons actuating the President does not make his act any the less an act of discretion. It is conceded ths Presi dent cannot be brought into court to substantiate his reasons. The statute does not require him to dlsclos* to the purchaser the evidence upon which his reasons were based. The statute does not limii the Executive ta the assignment of reasons to such as may bt supported by legal evidence or by facts available La the public." THURSDAY, JANUARY 24, II Ka-nu-ga Smoker A Good Cigar A Mild Cigar ; ■ FULLER GROCERY CO., Distributors quires the President to considor the public interest. Public Interest is nut a synonym for money.** • * In this relation Judge Morris quot ed from President Cooltdge’s message to Congress on tbe Muscle Shoals problem, that "while the price Is an Important element, there fe another conelderatloite even more compelling. • • • If thls^nain object (low-priced titrates for farmers in peace and the Government in war) Is accomplished, the amount o* money received for the property is not a prlmary or major consideration.” Referring to German-owned proper ty, the court said: “Much of this property was not innocently held or held solely tor trade and commerce. Information ac quired by German-owned companies had been transmitted to Berlin, and there indexed and made available to German competitors and the German Government The files of one com pany were filled not with business papers, but wKh pan-German litera ture. It was a distribution centre for propaganda in this country.” Upholds Cbefiscation of Patents Judge Morris pointed out that when America entered the war she adhered to the international convention for bidding poison gas. “but it soon be- \ I . House for Rent Two> story house on' Enterprise Street which has just been repaired and painted inside and outside. Electric lights, hot and cold water and sewerage. Four rooms and hall upstairs; fotir large rooms, hall and bathxlown- stairs; also front porch and back porch. Only one block from center of town. Rental $35.00 per month. “ Also several offices in Jacobs and Company building. Rental $10,00 to $16.00 per month. Apply to J. F. JACOBS, JR., Jacobs and Company. .{..H. -H, ,l< .fr fr* -H. .fr ❖ NOTICE! The State of South Carolina, County of Laurens. j. c. mcmillan To BANK OF WHITMIRE By virtue of the authority contained in the chattel mortgage executed by J. C. McMillan to The Bank of Whitmire on the 3rd day of March, 1921, and recorded on the 11th day of June, 1921, in Book 60, Page 47, in office of C. C. C. P. for Laurens county, I will sell at public outcry on Saturday, the 26th day of January, -7 1924, at 11 o’clock, on the square at Clinton, County of Laurens, the following goods and chattels described in the mortgage, to wit: One black mare mule One black mare mule One black mare mule One bay mare mule _____ _ One gray horse mule One black mare mule One gray horse mule R. W. Wade * ^ v Attorney for Mortgage Matinee 2:00 P. M. LET’S GO WHERE EVERYBODY GOES Monday 28th—“The Man Next Door” By Emerson Hough, author of “The Covered Wagon,” “North of 36,” and other famous novels—Featuring Alice Calhoun, James Morrison and David Torrence. Everybody likes to see pretty clothes, dogs act, and men tod, along with love and good thrills now then. “The Man Next Door,” you see all this. Also Pathe News No. 106. 11c and 28c i** Tuesday, 29th—“His Mystery Girl’ With Herbert Rawlinson and Ruth Dwyer—Real thrills, real laughs, and real entertainment. Also .“FIGHTING SKIP PER,” No. 4 with comedy and thrills. lie and 22c Wednesday, 30th—“Beautiful Liar” With Katherine MacDonald—Story good, star delightful, well produced and very pleasing picture. Also two-reel educa tional comedy, “FRESH FROM THE FARM.” 11c and 22c 99 Thursday and Friday, 31st and 1st—“Main Street From the famous novel by Sinclair Lewis—With Florence Vidor and Monte Blue. A small town story of home-folks, told with all the author’s greatest skill and depicting those little things in daily life that all of us know and few of us really see. Thursday, Pathe News No.-107—Friday, one- reel comedy, “SPEED DEVIL.” Both days— 11c and 33c Saturday^ 2nd—“End of the Rope” With Big Boy Williams—A new whirlwind Western; enjoy a new sensation, a new type of screen trouble chaser. Also '“RUTH OF THE RANGE,” No. 7, Ruth Roland. Comedy, “ONE OLE CAR.” 11c and 28c Remember the big chance of winning the “NBR-A-CAR” The more dtancea you have the hotter chance you atand for winning. Coming attractions—“Garrison’s Finish ” “The Midnight Ahum,” “Steadfast Hearts,” “Robin Hood,” “Hearts A lame,” ‘TWting Fool” “OUvor twist,” “Ponrod and Sam,” Vi * Groan Goddess.” All proves worth while attractions. Night 7:00 P. M.